(CBS) So far, there hasn’t been much negative reaction to the photo showing Olympic gold medalist Michael Phelps smoking what appeared to be marijuana. 

A few years ago, it might have ruined his career, but so far it hasn’t — perhaps a sign of changing attitudes.

The seeming lack of outrage… may reflect America’s changing attitudes towards marijuana – an estimated $30 billion dollar industry in the United States alone.

While a majority of Americans still oppose the legalization of marijuana use, a new CBS News poll shows a big swing in opinion in recent years.

Twenty-seven percent supported legalization in 1979; 41 percent support it today.

Understand that when you get “41% support legalization”, that’s over 2 out of 5 people when asked, “Should marijuana be legalized” who will say “yes.”  That’s without any explanation of how, where, when, or for whom it will be legalized, so that includes the spectrum from “fine-only possession, jail for sales, cultivation, and trafficking” to “pre-rolled joints at the convenience store”.

When you change the question to actually define what you mean by “legalization”, the numbers rise.  In a 2001 Zogby poll, ten weeks after 9/11, we found:

In light of the tragic events of Sept. 11th and the increased attention to the threat of terrorism, do you strongly support, somewhat support, somewhat oppose, or strongly oppose arresting and jailing nonviolent marijuana smokers?

Do you strongly support, somewhat support, somewhat oppose, or strongly oppose the use of federal law enforcement agencies to close patient cooperatives in California and other states where medical marijuana is legal under state law?

Then in 2002, CNN/TIME Magazine commissioned a poll to look at marijuana issues:

Do you favor or oppose the legalization of marijuana?

Do you favor or oppose the legalization of marijuana? What about in small amounts, for example three ounces or less? Do you favor or oppose the legalization of marijuana in small amounts?

Assuming marijuana is not legalized, do you think people arrested for possession of small amounts of mairjuana should be put in jail, or just have to pay a fine but without serving any jail time?

Do you think adults should be allowed to legally use marijuana for medical purposes if their doctor prescribes it or do you think that marijuana shouldremain illegal even for medical purposes?

When you start throwing in the idea of controlling cannabis sales through taxation and regulation like liquor stores, the legalization idea gets better support.  Zogby asked in 2003 and in 2006:

Do you support amending federal law to let states legally regulate and tax marijuana the way they do liquor and gambling?

In 2003, nationwide support for tax & regulate was only 41%, by 2006 it had risen five points to 46%. On the coasts, majorities favor taxing and regulating marijuana similar to hard liquor (53% East Coast, 55% West Coast).

Finally, when we look at medical use of marijuana, state by state, we find no state below 60% in their support for medical marijuana:

So, is Michael Phelps “getting off easy” because he is a superstar athlete or because most Americans don’t consider marijuana use to be taboo and detrimental anymore?

Download the NORML Daily Audio Stash for 2009-02-02

Download audio file (NORML_Daily_AudioStash_2009-02-02.mp3)

Well, wasn’t THAT one hell of a Super Bowl?  I was pulling for the Cards and thought my 23-21 Steelers-miss-last-second-FG prediction was going to be pretty darn close.  But what do you know, a stoner goes and catches the game winning last minute touchdown and is voted MVP.

Well, wasn’t THAT one hell of a Super Bong?  Michael Phelps was pulling from a big ol’ piece of glass without remembering that cell phone cameras exist now and he is the most famous Olympian on the planet.  But what do you know, a stoner went off to Beijing and became the only human to win eight gold in one Games.

Well, wasnt’t THAT one hell of a Super Bhang?  George Obama was pulled out of a Nairobi slum and was headed to the slammer for possession of marijuana and resisting arrest.  But what do you know, a stoner gets released from jail with charges dropped because his half-brother (a stoner) went and got elected President of the United States.

(It’s Groundhog Day.  Sonny & Cher keep playing on my radio.)

On today’s Stash, Allen St. Pierre drops by to give his take on the toker trifecta we hit this Super Bowl weekend, and Kelly Maddy from Jopin NORML is here to discuss medical marijuana legislation in Missouri.

As my British friends say, “spot on!”  Radley Balko at The Agitator has nailed it with a sledgehammer:

Dear America,

I take it back. I don’t apologize.

Because you know what? It’s none of your goddamned business. I work my ass off 10 months per year. It’s that hard work that gave you all those gooey feelings of patriotism last summer. If during my brief window of down time I want to relax, enjoy myself, and partake of a substance that’s a hell of a lot less bad for me than alcohol, tobacco, or, frankly, most of the prescription drugs most of you are taking, well, you can spare me the lecture.

Go read the whole thing, it’s brilliant, especially the “let’s see you rationalize in your next lame ONDCP commercial how the greatest motherfucking swimmer the world has ever seen . . . is also a proud pot smoker” part.  The comments are pretty good, too, especially this one from Eric Ogunbase:

You know who I feel bad for? Everyone who competed against him in the pool.

“You mean I’ve been training my whole life for these events and I STILL got my ass kicked by a dude who smokes the chronic?!”

Also, my diary at DailyKos could use some comments and recommendations.  Let’s bump this one up!

TAMPA, Fla. (AP) — Olympic great Michael Phelps has acknowledged ”regrettable” behavior and ”bad judgment” after a photo in a British newspaper showed him smoking marijuana.

In a statement released to The Associated Press, the swimmer who won a record eight gold medals at the Beijing Games conceded the authenticity of the exclusive picture published Sunday by the tabloid News of the World.

Phelps said: ”I engaged in behavior which was regrettable and demonstrated bad judgment. I’m 23 years old and despite the successes I’ve had in the pool, I acted in a youthful and inappropriate way, not in a manner people have come to expect from me. For this, I am sorry. I promise my fans and the public it will not happen again.”

via Phelps Apologizes for Marijuana Use – NYTimes.com.

Youthful and inappropriate.  Childish things, as our president might say.  ”It will not happen again.”  Not to get all Clintonian on you, Mike, but does “it” refer to “smoking marijuana” or does “it” refer to “photos surfacing in newspapers showing you smoking marijuana”?

I’ll never understand the mindset that accepts as rational the idea that these world class athletes – Michael Phelps, Ricky Williams, Ross Rebagliati, those Russian sumo, etc. - can dedicate their entire lives to eating right, working out, honing their bodies and minds to the pinnacle of their sport, but should they wish to relax and unwind, they’re forced to ingest a hard liquid drug that has noticably deleterious effects on health and athletic ability (Max McGee notwithstanding) rather than a mild herb that doesn’t seem to  have affected their abilities whatsoever.

Even more perplexing is the notion that, in the name of “sports medicine”, these athletes are accustomed to taking all manner of narcotic pain killers and other pharmaceutical cocktails that aid performance or mitigate injury, but are addicting (Brett Favre, *cough*,) and wreak havoc on the liver and kidneys, yet if we catch them smoking weed we have to mete out severe punishment (Santonio Holmes, notwithstanding).

As I look at the coverage on Huffington Post (admittedly, a liberal website) almost all comments are “it’s well past time to legalize it” and “so what” and “didn’t hurt Phelps’ performance any”.  Oh, an Obama brother pot bust and an eight-time gold medalist bong photo following ten days of growing drumbeat over President Obama’s non-response to the Tahoe Raid… somebody really did get me a swell birthday present!

News of the World in the UK is reporting that Olympic swimming sensation Michael Phelps is one of us!

THIS is the astonishing picture which could destroy the career of the greatest competitor in Olympic history.

In our exclusive photo Michael Phelps, who won a record EIGHT gold medals for swimming at the Beijing games last summer, draws from a bong.

And after sporting chiefs announced laws which mean four-year bans for drug-taking, Phelps’ dreams of adding to his overall 14 gold medal tally at the 2012 games in London could already be OVER.

Those dreams seemed the last thing on his mind when he puffed from the bong during two days of partying with students last November, a quiet time in the swimming calendar when athletes would not expect to get tested for drugs.

As he basked in his hero status, Phelps knocked back beers and shots of spirits. And when a student offered him the glass bong engraved with red writing, he did not hesitate, says our source.

Our source said: “You could tell Michael had smoked before. He grabbed the bong and a lighter and knew exactly what to do.

“He looked just as natural with a bong in his hands as he does swimming in the pool. He was the gold medal winner of bong hits. Michael ended up getting a little paranoid, though, because before too long he looked like he was nervous and ran out of the place.”

The US Olympics Committee, who have pledged to clamp down on drug use, refused to comment, as did USA Swimming and Phelps’ coach Bob Bowman.

More surprising still was the World Anti-Doping Agency’s refusal to comment, given that they introduced the four-year ban on sport’s drug users.

Spokesman Clifford Bloxham offered us an extraordinary deal not to publish our story, saying Phelps would become our columnist for three years, host events and get his sponsors to advertise with us.

In return, he asked that we kill Phelps’ bong picture. Bloxham said: “It’s seeing if something potentially very negative for Michael could turn into something very positive for the News of the World.”

So, you wanna explain to me how marijuana smoking will make one a lethargic, unmotivated loser who will never get anywhere in life?  This should be fun, watching sponsors and Olympic and USA Swimming officials trip all over themselves.  I expect to see a special exemption or a sudden new rule that lets firt time offenders skate with some sort of class and community service.  Does anybody really think they are going to end Michael Phelps’ career, the greatest Olympian ever, and a huge marketing and endorsement cash cow, for a picture of him doing something that isn’t even criminal in thirteen states?

“You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. Since we so diligently urge people to obey the Supreme Court’s decision of 1954 outlawing segregation in the public schools, at first glance it may seem rather paradoxical for us consciously to break laws. One may well ask: “How can you advocate breaking some laws and obeying others?” The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that “an unjust law is no law at all.”

Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust.”

Dr. Martin Luther King Jr.
Letter from a Birmingham Jail
April 16, 1963

Today our nation honors what would’ve been this week the eightieth birthday of the Reverend Martin Luther King Jr., on the eve of the inauguration of Barack Hussein Obama as the 44th president of these United States.  I was sixty-four days old when an assassin’s bullet cut down Dr. King in the prime of his life.  Today I am six-hundred forty days older than Dr. King when he was killed.  Tomorrow I will see something few people my age and older thought we’d ever see, yet something Dr. King had dreamed from the start.

There remains a grave injustice to be battled, the most unjust of laws to be disobeyed, a law that by its definition is not rooted in eternal law and natural law: the man made code that declares nature itself to be illegal, the prohibition on cannabis.  Yet when I mention marijuana law reform in the context of the great civil rights struggles in America, so many are quick to dismiss me with snickers of derision.  ”You just want pot legal so you can get high!” is a common refrain.

Marijuana law reform is a civil rights struggle.  I will not attempt to equate this struggle to those of minorities, women, or gays and lesbians; however, there are some parallels among our fight and theirs and, indeed, some threads of drug law injustice are woven directly into the struggles of these groups.  The prohibition of drugs was one of the tools of oppression – the “Negroes” for their cocaine, the “Chinamen” for their opium, and the Mexicans for their marihuana.  It remains so today – while people use drugs at about the same rate regardless of race, African-Americans and Hispanics are disproportionately arrested, convicted, and serve longer sentences for drug use than white people.

Aside from the racist nature of the origins and applications, cannabis prohibition itself is an unjust law.  First consider that it isn’t merely against the law to possess, cultivate, traffic, buy, and consume marijuana – it is against the law to be marijuana.  Federal and state law enforcement spend millions of dollars and thousands of hours flying helicopters attempting to spot cannabis growing out in the wild.  Ninety-eight percent of what is seized is known as “feral hemp”, which is wild ditchweed with unsmokably-low levels of THC.  Officials rip up and destroy every plant they see whether it is owned or tended by any human, whether or not it could possibly intoxicate any human.   Logically, then, the ultimate goal of marijuana prohibition is not to simply stop humans from using it for intoxication, but to eradicate the species cannabis sativa L. from the earth!

Think of that: our official policy is the extinction of a species of life.  Certainly that’s not entirely new.  We’re dedicated to the extinction of all manner of microscopic life, after all, but that is a justifiable policy for self-preservation – we kill bugs that kill us.  I cannot think of another plant or animal we treat like cannabis.  Deadly plants like nightshade and belladonna are legal, annoying plants like poison ivy and poison oak are legal, even intoxicating plants like coca and poppy are legal when cultivated for prescription medications.  But the cannabis plant, the plant that cannot kill you is completely illegal*.  The plant that can provide the food, clothing, shelter, and medicine humans need to survive is illegal.  Nature itself is illegal.  How much more contrary to eternal law and natural law could this unjust prohibition law be?

The fight against cannabis prohibition, against this unjust law, is a civil rights fight.  This declaration will offend some people who will point to four centuries of slavery and Jim Crow, to lynchings and cross burnings, and to beatings and firehoses and condemn my declaration as making light of the plight of those who were truly oppressed.  I do not make light of those struggles, but I also recognize that civil rights are not a zero sum game and the degree and manner in which one is being oppressed are not what make the fight against oppression a just one.  Dr. King dreamed of a day when children would be judged by not by the color of their skin but the content of their character; I dream of a day when workers are judged not by the metabolites in their urine but the quality of their work.

Later in King’s Letter from a Birmingham Jail, he writes:

Let us consider a more concrete example of just and unjust laws. An unjust law is a code that a numerical or power majority group compels a minority group to obey but does not make binding on itself. This is difference made legal. By the same token, a just law is a code that a majority compels a minority to follow and that it is willing to follow itself. This is sameness made legal. …

I hope you are able to see the distinction I am trying to point out. In no sense do I advocate evading or defying the law, as would the rabid segregationist. That would lead to anarchy. One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law. …

The unjust law of marijuana prohibition is difference made legal.  The majority compels our minority to forgo our intoxicant, but does not bind itself to forgo their intoxicant.  The majority compels our minority forgo our medicine, but does not bind itself to forgo their medicine.  The majority compels our minority to forgo their religious sacrament, but does not bind itself to forgo their religious sacrament.  The majority compels our minority to forgo our source of food, fuel, and fiber, but does not bind itself to forgo their sources.

The majority may argue that they do not prohibit intoxication, medication, religious sacrament, or food, fuel, and fiber cultivation, so long as it doesn’t involve marijuana.  This to me sounds like the argument against same-sex marriage rights, that gays and lesbians are just as free to marry someone of the opposite sex as everybody else.  If we are given a right, but then proscribed from exercising that right in the manner that benefits us without a valid reason from the majority, it is not really a right.  When intoxication, medication, and sacrament are legal rights, but we are proscribed from using a demonstrably safer intoxicant, medicine, and sacrament, that is difference made legal.

No, we do not face the firehoses and the dogs and the lynchings, nor do we suffer in as great of numbers as did the African Americans Dr. King so graciously led in the years before my birth.  Our oppression is more subtle and codified into laws that restrict our housing, employment, and educational opportunities.  We do not tremble in fear of the midnight ride of white-robed vigilante Klansmen; our terror comes in the form of midnight no-knock raids of body-armored SWAT teams.

Like the civil rights struggles of the past, we work to change laws that oppress people, laws that enjoy support from the majority and are rationalized by tradition, religion, and junk science.  Unlike the civil rights struggles of the past, our constituency is an invisible group defined by lifestyle, not genetics.  That choice to use cannabis should not disqualify our fight to be treated as equals under the law.  After all, the choice to worship the God of your understanding is not genetic, it is a lifestyle choice as well, and our law recognizes that one cannot be discriminated against for that choice.  In fact, it is a bit ironic that one’s choice of God, a belief that cannot be proven by science to beneficial, is a protected right, yet one’s choice of cannabis, a plant that can be proven by science to be beneficial, is a federal crime.

The freedom to worship, of course, is an explicit right recognized by our First Amendment, but its foundation is in the inalienable rights given to us by our Creator, among them being Life, Liberty, and The Pursuit of Happiness.  If that last one – the Pursuit of Happiness – doesn’t give me the right to smoke a joint so long as I don’t affect anyone else’s Life and Liberty, then the Constitution isn’t worth the hemp paper on which it was drafted.

Also from King’s Letter from a Birmingham Jail, he writes:

We should never forget that everything Adolf Hitler did in Germany was “legal” and everything the Hungarian freedom fighters did in Hungary was “illegal.” It was “illegal” to aid and comfort a Jew in Hitler’s Germany. Even so, I am sure that, had I lived in Germany at the time, I would have aided and comforted my Jewish brothers. If today I lived in a Communist country where certain principles dear to the Christian faith are suppressed, I would openly advocate disobeying that country’s antireligious laws.

Today’s freedom fighters are the people like Eddy Lepp and Charles Lynch, providing aid and comfort to the sick and dying by growing and supplying them with medicine, only to face the rest of their natural lives behind bars because what they did was “illegal”.

Today’s “whites-only” establishments are the “drug-free” workplaces keep cannabis users confined to low-paying part-time or temp service jobs, while the rest of the workers are allowed all the alcohol, nicotine, and prescription medications they desire.

Today’s lynchings are the Rachel Hoffmans and Jonathan Magbies who are murdered by police negligence, solely over their use of cannabis.  Today’s institutionalized discrimination is the over 20 million in my lifetime whose lives are marked with the scarlet letter of a drug conviction, affecting their child custody, government assistance, college financial aid, employment opportunities, professional licenses, voting rights, and liberty.

The prohibition of cannabis ultimately degrades human personality and is against moral law.  It is an unjust law that cannot stand, and we have a moral responsibility to disobey it.  In doing so, we express the highest respect for the law.  On this day when we recognize the greatness of Dr. Martin Luther King’s Dream, and on tomorrow, when we see part of that dream fulfilled, remember that we don’t fight to “make pot legal so you can get high”; we fight because the Pursuit of Happiness is our right and caging us for our method of pursuit is unjust.

Smoking pot is our civil right!

Let us all hope that the dark clouds of racial prejudice will soon pass away and the deep fog of misunderstanding will be lifted from our fear drenched communities, and in some not too distant tomorrow the radiant stars of love and brotherhood will shine over our great nation with all their scintillating beauty.

Yours for the cause of Peace and Brotherhood,
Martin Luther King, Jr.

* I recognize that marijuana is legally grown at ElSohly’s lab at the University of Mississippi.  But consider that marijuana’s two purposes – to supply five people grandfathered in to the IND program and to provide marijuana for studies to prove how awful marijuana is to justify its prohibition.  In this metaphor it would be akin to saving a few vials of polio virus so you could use them to make vaccines.

Good day fellow Stashers! Today we get to play in some beautiful folk-genre-music with ASS – yes a funny name for a talented Swede. His musical name is really an acronym for Andreas Soderstrom Solo. Mr. Soderstrom has worked with different artists and must have a great sense of humor. Today’s cut, “And Pass it to Each Other” is from the album “My Get Up and Go Just Got Up and Went” which is a collection of acoustic guitar solos. This beautiful acoustic music is just what I needed when I realized it is only Tuesday, and Friday seems a bit far. So, Mellow out with me, Stashers as I pass this on to you, and as we all pass it to each other!

Ass
“And Pass It To Each Other” (mp3)
from “My Get Up And Go Just Got Up And Went”
(Headspin Recordings)

More On This Album